Opinion
November 4, 1985
Appeal from the County Court, Suffolk County (Farley, J.).
Judgment affirmed.
The trial court did not err in denying defendant's motion to relieve assigned counsel and appoint new counsel. Defendant made his motion just prior to jury selection and failed to articulate a compelling reason for the court to allow defendant such a last-minute delay (People v Medina, 44 N.Y.2d 199).
The court correctly refused to suppress defendant's confession. Although defendant was represented by counsel on misdemeanor charges pending in the Southampton Justice Court at the time he was questioned by the detectives on the instant charge, the detectives were unaware of the prior arrest. In the absence of any actual knowledge of the prior unrelated charge, the police were under no obligation to inquire whether defendant was represented by counsel (see, People v Bertolo, 65 N.Y.2d 111; People v Servidio, 54 N.Y.2d 951). Consequently, defendant's confession was properly admitted into evidence.
Defendant's remaining contentions have been considered and found to be without merit. Mangano, J.P., Gibbons, Thompson and Kunzeman, JJ., concur.